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HomeMy WebLinkAbout1999-37711 ORDINANCE NO 99-2 71 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HALFF ASSOCIATES, INC, FOR SURVEY AND ENGINEERING SERVICES PERTAINING TO THE LOCATION AND DESIGN OF THE GRAVEYARD BRANCH INTERCEPTOR SANITARY SEWER MAIN, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to engage Halff Associates, Inc , a Corporation ("Halff'), to provide professional survey and engineering services to the City pertaining to the location and design of the Graveyard Branch Interceptor Sanitary Sewer Main, in preparation for the construction of the Graveyard Interceptor, which wastewater interceptor is approximately 18,000 feet in length, and is a major component of the City's wastewater collection system, serving the Southwestern part of the City, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-descnbed professional engineering services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional engineering services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is hereby authorized to execute a Professional Services Agreement with Halff Associates, Inc, for professional survey and engineering services pertaining to the location and design of the Graveyard Branch Interceptor sanitary sewer main, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION II That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Halff and the ability of Halff to perform the services needed by the City for a fair and reasonable price SECTION III, That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION IY, That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 1q "§day of {� 1999 J® JACK L ,MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED .. By S \Our DocumerltAOrdwances\99Walff Associates PSA Ord Graveyard Branch doe STATE OF TEXAS COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR SURVEY AND ENGINEERING SERVICES PERTAINING TO THE LOCATION AND DESIGN OF THE GRAVEYARD BRANCH INTERCEPTOR SANITARY SEWER MAIN FOR THE CITY OF DENTON, TEXAS THIS AGREEMENT is made and entered into as of the / 7 ` day of (� 1999, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 E McKinney Street, Denton, Texas 76201 (hereafter "OWNER') and Halff Associates, Inc, a Texas Corporation, with its offices at 8616 Northwest Plaza Drive, Dallas, Texas 75225 (hereafter "CONSULTANT"), the parties acting herein, by and through their duly -authorized representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connection with the following described project (the "Project") Professional survey and engineering services pertaining to the location and design of the Graveyard Branch Interceptor Sanitary Sewer Main, in Denton, Denton County, Texas ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following basic services in a professional manner A To perform those services as set forth in the Scope of Services which is attached to letter of September 9, 1999 from George Prall, P E, Vice -President of CONSULTANT to P S Arora, P E , Engineering Administrator of OWNER, which Scope of Services consists of a seven (7) page document marked as Exhibit "A", which Exhibit is incorporated by reference herein B If there is any conflict between the terms of this Agreement and the two (2) Exhibits attached to this Agreement, the terms and conditions of this Agreement shall control over the terms and conditions of the Attachments Page 1 of 10 S\QV WmmrnWCaOrtMs\99VIdIR Aue[lela In[ PSA Gm[yeN Bmntl�Mem Eac ARTICLE III ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as basic services in the above -described Scope of Services, set forth as provided by Article II above, shall be later agreed -upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional services by the CONSULTANT OWNER and CONSULTANT have agreed that all items listed on page seven (7) of the Scope of Services, attached hereto as Exhibit "A" shall be excluded from the basic services pertaining to the design of the Graveyard Branch Sanitary Sewer Main ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its Assistant City Manager of Utilities, or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS "Subcontract Expense" is defined as those expenses, if any, incurred by CONSULTANT in the employment of others in outside firms, for services in the area of professional survey and engineering, or related services Any subcontract or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost 2 "Direct Non -Labor Expense" is defined as that expense, based upon five (5%) percent above actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT in the performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out- of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project B BILLING AND PAYMENT For and in considerationof the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the basic services tasks set forth in the Scope of Services as shown in Article II above, as B IGUIbaimenu\COm,naa\AAHOIR AemcWla Inc PSA Gme mtl Bw hMnln Oo[ Page 2 of 10 follows 1 CONSULTANT shall perform its work on this Project in substantial accordance with the tasks set forth in the "Fee Summary," which consists of a four (4) page attachment, the letter dated September 9, 1999 referred to in Article II A above, which is marked as Exhibit "B", and which Exhibit is incorporated herewith by reference CONSULTANT shall be paid for services rendered pursuant to the Agreement on an hourly fee basis, plus reimbursement for all reasonably incurred out-of-pocket expenses, billed monthly CONSULTANT shall bill from time sheets, in minimum ''/< hour or smaller time increments, at the hourly rates set forth in CONSULTANT'S "Proposed Salary Rate — September 1999 — September 2000" which is attached hereto as Exhibit "C", and which Exhibit is incorporated herewith by reference The OWNER agrees to pay to CONSULTANT for its professional services performed, and for its out -of pocket expenses incurred in the Project, a total amount not to exceed $ 293,440 00 2 Partial payments to the CONSULTANT will be made monthly in accordance with the statements reflecting the actual completion of the basic services, rendered to and approved by the OWNER through its Director of Electric Utilities or her designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final ten (10%) percent of the above not -to -exceed amount until satisfactory completion of the Project by the CONSULTANT 3 Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Director of Electric Utilities or her designee, or which is not submitted by CONSULTANT to the OWNER in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT at any time when the CONSULTANT is in default under this Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed amount as stated heremabove, without first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article III "Additional Services" without first obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III hereinabove, CONSULTANT shall be paid based on a to -be -agreed -upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V B hereinabove Statements for basic services and any additional services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the Page 3 of 10 5\WrGOcumrnl,\Conwcle\99\Hellf Auocloly Inc NA Gme,eN Bmn<hMein Eac rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in addition, thereafter, the CONSULTANT may, after grvmg ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall beat OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a 5\Our DocumenUl[pntmcl,\99Wepf AamClaln Inc PSA OrnwmJ Branch Main Ow Page 4 of 10 party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carriers of at least an "A-" or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily Injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies, furnishing at least the same policy limits and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreementmay include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty- (30) days advance written notice to the other party S\Our Mwnnnl6ConIMcnIWHflIff mc18Ic&Inc PSA OMOW RnIncn Main Inc Page 5 of 10 B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its principals, officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein To CONSULTANT Halff Associates, Inc George Prall, P E , Vice -President 8616 Northwest Plaza Drive Dallas, Texas 75225 Fax (214)739-0095 To OWNER City of Denton, Texas Howard Martin, ACM/Utilities 215 E McKinney Denton, Texas 76201 Fax (940)349-8120 s,a,00atmrnWCGngrecvWMMI wW mu PM �, WB—n�i�ft� Page 6 of 10 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first occur ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of ten (10) pages and three (3) attachments constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XV III DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may arise during the term of this Agreement B All services required hereunder will be performed by CONSULTANT or under its direct S,Ou, Da=menJACOnna M95aRe1R As,ocnn InC PSA Gm<,na lia Mein dec Page 7 of 10 supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any significant change in its corporate structure or in its operations ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights of obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to, incorporated within, and are made a part of this Agreement for all purposes pertinent Exhibit "A" -- Scope of Services Exhibit "B" -- Fee Summary Exhibit "C" — Proposed Salary Rate B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For purposes of this Agreement, the parties agree that George Prall, P E , Vice -President of CONSULTAN r ("Prall") shall serve as the Project Manager of CONSULTANT, respecting this engagement This Agreement has been entered into with the understanding that Prall S%MrM­M„T„„„,GA„„ alffA. Into 1M PSR Gmc>W BrenM M„In tloc Page 8 of 10 shall serve as the CONSULTANT's Project Manager and the key person serving the OWNER on this Project Any proposed changes requested by CONSULTANT, respecting Prall serving as the key person on the Project, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the other services required herein, under its supervision or control E CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carved on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or investigation into such information G The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly -authorized City Manager, and CONSULTANT has exed this Agreement b and through its duly -authorized undersigned officer on this the / e�yit I — day of iyl'% % ,1999 "CITY" CITY OF DENTON, TEXAS By 'Mt#aelW Jez, t ager ATTEST JENNIFER WALTERS, CITY SECRETARY s,a,Mam<.l.,C.�.,W,xWMR 1.1a 1M Psi Gi,,,W BmchMelnE Page 9 of 10 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY W By - _ ,J "CONSULTANT" HALFF ASSOCIATES, INC A Texas Corporation Prall P F , Vice -President ATTEST By A,/ vy Secretary Sew.�.m..l.%cmMci.�99W.IRM-o 1.1n I., PSA �,n.beW9n WPage 10 of 10 Halff Associates W40INEW . ARCKrECTS • SCIENTISTS PLANNERS •SURVEYORS September 9, 1999 1008-99-0294 Mr P S Arora, P E City of Denton 901-A Texas Street Denton, Texas 76201 Re Graveyard Branch Sanitary Sewer Dear Mr Arora 6616 NORTHWEST PLAZA DRIVE DALAS TEXAS 75225 (214) 346 6200 FAX (214)739-0095 Halff Associates is pleased to submit this fee proposal and scope of work to provide engineering services required for the design of Graveyard Branch Sanitary Sewer main The construction plans will be prepared in accordance with the City of Denton requirements Standard City details and plan notes will be used whenever applicable Technical Specifications will be prepared in accordance with the City of Denton requirements and NCTCOG Standard Specifications for Public Works Construction We have mcluded Exhibit 'A' Scope of Services and Exhibit 'B' Fee Summary We trust you will find these acceptable We look forward to working with you on this project Sincerely Yours, INC F }q' v si n DALAS FORT WORTH HOUSTON McALLEN 5 TRANSPORTATION WATER RESOURCES LAND DEVELOPMENT MUNICIPAL ENVIRONMENTAL • STRUCTUF k 5A ARCHITECTURE LANDSCAPEMECHANICAAL ARCCHIITECCTTURE PLANNING INFORMATION SYSTEMS I �� r EXHIBIT A SCOPE OF SERVICES Halff Associates, Inc (Halff), ►s pleased to present the following Scope of Services for providing survey and engineering services for the Graveyard Branch Sanitary Sewer for the City of Denton Below is an outline of the major tasks we anticipate for this project Each task is discussed in detail in the pages that follow Task No pescnotion 100 Project Management 200 Alignment Study 300 Permits 400 Survey 500 Design 600 Construction Exclusions TASK 100. PROJECT MANAGEMENT Halff Associates will manage and control its professional services contract, to provide the most efficient completion of the project Under this task we will, provide scope, schedule and cost control services WORK EFFORT AND COORDINATION 1 Conduct project kickoff meeting to establish project goals and objectives, review the project decision process, define anticipated work products, identify information needed to perform the work, refine the project schedule and establish points of contact and communication 2 Produce schedule for the various stages of the project 3 Attend monthly coordination meetings with City of Denton staff as required TASK 200 - ALIGNMENT STUDY (Special Service) Halff Associates shall provide the Conceptual Design Analysis for the valuation of a maximum of four (4) alternative sanitary sewer alignments based on combination of the Carter & Burgess and City aligti ments The analysis will be summarized in a letter report submitted to the City of Denton Project Management Team Coordinate the project with City staff and regulatory/resource agencies to provide early identification of potential implementation obstacles and to develop a `working consensus" of the final routing and project amenities Page 1 Subtask 201: Data Collection i Meet with City of Denton staff to review the design intent for the proposed alignment and schedule for completing design and construction 2 Review, as provided by City of Denton, available as -built, design and planning information on existing and planned utilities, transportation facilities, developments, and other surface and subsurface features within the area Review existing aerial photographs of the proposed alignment alternatives topographic data collected to date, as provided by 3 Review available survey, ownership, and the City of Denton Prepare a digital base map based on USGS Quadrangle sheets and available aerial photographs Subtask 202 - Alternative Alignments 1 Develop alternative pipeline routes 2 Tour the routes with City staff to identify special concerns and determine additional investigative work that may be required 3 Document pertinent data collected on base maps 4 Conduct initial field surveys (spot elevations) to supplement base map Note, detail surveys for design shall be conducted during design 5 Identify properties affected and determine the size and number of easements required for the pipeline routes investigated 6 Meet with the City of Denton Engineering, Right -of --Way, and other departments to review the preliminary alignment, and identify necessary adjustments 7 Evaluate the alternative pipeline routes based on social, nght-of-way availability, constructability, anticipated cost, and environmental factors Subtask 203 - Alignment Flnalilation 1 Meet with City of Denton for a 1/2-day workshop to discuss and present alignment evaluations and provide technical assistance to city staff in their selection of a preferred alignment 2 Attend and assist the City Staff with up to two (2) public meetings including presentations of the preferred alignment to the Public Utilities Board, and City Council 3 Document and provide the City of Denton the final preferred pipeline alignment TASK 300 - PERMITS (Special Service) Conduct field investigation for the permitting requirements for the entire project alignment Meet with the Corps of Engineers, TXDOT, and Railroad to identify specific requirements and to define the application/review process for the permit(s), as required Prepare the necessary supporting documentation for the application(s) Assist City of Denton in discussions with the permitting agencies, as required, for the construction of the pipeline project Page 2 Subtask 301- Corps of Engineers 1 Meet with the Corps of Engineers to identify specific requirements and to define the application/review process 2 Coordinate with design staff to clarify pipeline route and define areas wherever the pipeline may impact a sensitive area 3 Conduct an Archeological Survey of the proposed pipeline route 4 Prepare the necessary documentation for submittal of a Section 404 Nationwide Permit No 12 to the Corps of Engineers 5 Develop a mitigation plan to offset the effects of construction of the proposed pipeline 6 Attend coordination meeting with City Staff Subtask 302 - Hydraulic Study 1 Identify locations of potential stream crossings (maximum 5) 2 Obtain available HEC-2 hydraulic models of affected streams 3 Conduct field surveys to obtain hydraulic cross sections of affected streams 4 Perform a flood plain hydraulic analysis of proposed aerial crossings (maximum 5) to determine design parameters and possible impact to adjacent property owners 5 Attend coordination meeting with City Staff Subtask 303 - TxDOT and Railroad I Meet with the TXDOT and the Railroad to identify specific design requirements 2 Provide City with design sheets related to each permit TASK 400 - SURVEY (Special Service) Conduct the necessary field surveys for preparation of the alignment study, easements, design, and construction of the project Subtask 401 - Survey Control 1 Establish horizontal and vertical survey control (proposed pipeline alignment utilizing GPS technology 2 Set survey monumentation distributed along the propose Subtask 402 - Design Surveys I Obtain permission for access though private property 2 Conduct topographic survey of a 100' wide corridor along the concept pipeline alignment Note, additional field surveys will likely be required during preliminary design at locations where the final alignment may be located beyond the 100' survey corridor 3 Obtain necessary cross sections at proposed stream crossings 4 Tic all known affected properties and fence lines 5 Survey railroad markers and nearest structures (culverts, bridges, switches, etc ) as necessary for railroad permits 6 Survey all known parallel and crossing overhead and buned utility lines affecting the proposed pipeline 7 Develop detail survey basemap from field data Page 3 Subtask 403 - Easement Preparation 1 Coordinate with City of Denton to identify requirements for easement identification and procurement based on final alignment 2 Identify required easements 3 Provide necessary surveying to tie property boundaries for preparation of easement documents 4 Prepare easement documents including necessary exhibits and legal descriptions Based on revisions to Texas Board of Professional Land Surveying, Professional Land Surveying Practices Act and General Rules of Procedures and Practices, dated July 1999, two types of easements can be prepared Type A If the easement traverses across a tract of land, not adjacent to a property line, dividing the parcel into two or more tracts field monumentation of the easement comers is required Type B If the easement is directly adjacent to the property line leaving no gaps between the easement and the property line, field monumentation of the easement comers is not required 5 Prepare nght-of-way maps for entire project Subtask 404 - Construction Staking 1 Establish i set of project horizontal and vertical control points approximately every 2000 feet along the alignment 2 Provide 1 set of centerline "Cut Stakes" with offset, on 50 foot stations and at manholes 3 Additional staking will be at the contractors expense TASK 500 - DESIGN Develop specific design features of the pipeline including the pipeline plan and profile, manholes, highway, roadway, utility, and river crossings, depressed sanitary sewers, aenal crossings, and stream improvements Subtask 501 - Preliminary Design 1 Prepare preliminary plan and profile sheets for the recommended pipeline alignment Plans will be prepared at 1 "=50' H, 1 "=5' V on 22" by 34" sheets 2 Confirm pipe sizes based on available grades, city provided flow rates and TNRCC requirements m improvements including erosion control and bank 3 Prepare preliminary plan for strea stabilization as required 4 Identify utilities to be protected and relocated 5 Prepare outline of construction specifications 6 Prepare estimate of construction quantities and develop preliminary estimate of probable cost Page 4 7 Meet with City to discuss preliminary plans, specifications, and estimates g Distribute preliminary plans to local utility companies for review Subtask 502 - Geotechnical Invesd9ad0n: 1 Conduct subsurface explorations of the proposed pipeline route Note, it is assumed soil borings will be conducted as follows 9 borings to 30 feet depth, 10 borings to 20 feet depth, 10 borings to 15 feet depth, and 11 borings to 10 depth 2 Conduct necessary subsurface explorations at four (4) proposed stream crossings 3 Prepare soil logs and conduct laboratory analysis to determine general soil and ground water conditions 4 Provide recommendations for foundation type, depth and allowable loading for aerial crossing Prepare report of findings Subtask 503 - Final Design 1 Finalize preliminary plans by incorporating City, regulatory agencies, and utility companies comments 2 Prepare special details (i a manholes, special utility crossings, aerial crossings, etc) 3 Prepare survey control data sheet 4 Develop Traffic Control plan 5 Finalize technical specifications 6 Submit final construction plans and technical specification sections to the City for final review 7 Address City's final comments and provide Final Construction plans and technical specifications to the City Submittal of all plans and specifications will be prepared on Microstaion CADD (AutoCADD 14 compatible), and MS Word, respectfully Digital files and one set of reproducables of the final documents will be provided to City on CD ROM and appropriate media TASK 600 - Construction Subtask 601 - Bidding To provide assistance to the City of Denton throughout the bidding phase to clarify the intent of the construction documents and evaluate bids 1 Participate in one (1) pre -bid conference 2 Respond to design -related ingwnes from City and bidders to clarity the intent of the contract documents Prepare and submit addenda to City in accordance with established procedures and format Page 5 Subtask 602 . Construction Provide construction phase assistance to City of Denton including meeting attendance It is anticipated that the City of Denton will perform the construction management and inspection services for the project I Attend one pre -construction conference and one neighborhood meeting 2 Respond to Request for information/Clarification on technically complex issues related directly to design 3 Participate in final inspection as required (one day maximum) at the completion of the project 4 Prepare record drawing from information provided by the Program Manager Provide Program Manager with final record drawings on CD ROM Page 6 EXCLUSIONS The following exclusions are not included with the "Scope of Services" for the design of the Graveyard Stanch Sanitary Sewer 1 Reproduction of Contract Documents for bidding and construction (To be provided by the City) 2 Quality control and material testing services during construction (to be provided by the City), 3 Landscape architecture and related details, 4 All surveying, not specifically identified within the "Scope of Services" 5 Filing fees, permit fees and tax on surveys, 6 Environmental evaluations, investigations, assessments, and impact statements, except as related to 404 permitting, 7 Traffic engineering report or studies, 9 Construction admirustration except as specifically identified within the "Scope of Services, or demo 9 Design for relocation, adjustment demolition of existing improvements, or infrastructure, 10 Paving design or details, 11 Preparation of Stormwater Pollution Prevention Plans, 12 Testing and laboratory analysis, construction observation and or quality control, Page 7 EXHIBIT B FEE SUMMARY BASIC ENGINEERING DESIGN FEE OPINION OF PROBABLE CONSTRUCTION COST $ 2,800,000 TSPE Curve AB 5 80% Basic Fee $ 162,400 15% Fee Reduction (Const) $ (24,360) TOTAL BASIC DESIGN FEE (Lump Sum) $ 138,040 SPECIAL SERVICES TASK 200 - ALIGNMENT STUDY (Lump Sum) $ 14,500 2 - Meetings/Presental tions ($1,000 00 each) $ 2,000 TASK 300 - PERMITS Subtask 301 - 404 Permit (Hourly) $ 12,000 - Archeologic Study (Lump Sum) $ 2,000 Subtask 302 - Hydraulic Study (Hourly) $ 15,000 TASK 400-SURVEY Subtask 202 4 Supplemental Survey (Lump Sum) $ 5,000 Subtask 401 (GPS Control) (15 @ $400 00 as $ 6,000 Subtask 402 Design Survey (Lump Sum) $ 32,000 Subtask 403 - 10 Esmt , Type A,($1200 as $ 12,000 - 10 Esmt , Type B,($900 ea ) $ 9,000 Subtask 404 0 Construction Staking (0 60/1-F) $ 12,000 TASK 500 - DESIGN Subtask 502 - Geotechnical (Cost) $ 22,100 TOTAL SPECIAL SERVICES $ 143,600 CONSTRUCTION SERVICES TASK 600 - CONSTRUCTION Subtask 601 - Bidding (Hourly) $ 2,500 Subtask 602 - Construction (Hourly) $ 9,300 TOTAL FEE $ 293,440 B-3B-1 8888 9888889 888 $ g� gg AttR� gg�� �GG�xtYG ♦ N $8» N' N S > O O d d JW 6 u1 N O O Yy'I J V = N N O O N O N N V � > W U H W "' V1 N VI N O N YI O Y1 M1 N O Y1 VI 6 U 6 W Q a a W F 6' W� N VI N N Y1 O N O N O H O Y1 4 OO a O O O N a z m E ° mayy = u o a E 0 c° N � € i �g;g a 33 gag�b4 4 0 ¢ N §T 3 o E q F a m a 888888888 88 88 88888 84 O N M N M N bf tt N N w F N N 8 Op p p O pN Op p p p O O O opN y p pO 2W N N N ry W N W fQp/ O w '^ r 1' N Q U o w N o J U Qy XW O O o O O O N O N U F � 1- K� W R r C Ww o r o n o o w o 0 0 0 0 a r a r OO O ^ N O O 6 Q C Y O y a � H L- c m m W � �m % e � $ � � 9 S K6 b rqn �!y c np .y o o` E S E qql• y r o a iS g g J%? o o c J p c,emSB�$'$ Y as ■seas , ■ \§ \ ° k� � §# &£ `|;:: : ,| Graveyard Branch Sanitary Sewer Denton, Texas PROPOSED SALARY RATE September 1999 - September 20000 Project Manager $ 13500 Sr Project Manager $ 10000 Project Engineer $ 6400 Enviro Scientist S 6400 CADD Tech S 6000 Clerical S 4700 Survey Crew $ 9600 DMECT COSTS Actual Cost x 105 (✓xN �i7 �